Secondhand Smoke Complaints: Maine Renters’ Rights & Actions

Living with secondhand smoke can seriously affect your comfort and health at home. If you’re a renter in Maine experiencing smoke drifting from neighboring apartments, it’s important to know your rights and the steps you can take. This article explains the official process, legal protections, and resources available for handling secondhand smoke complaints in Maine rental housing.

Your Rights Around Secondhand Smoke in Maine Rentals

Secondhand smoke is recognized as a health hazard. While there is no broad Maine state law banning smoking inside private rental units, landlords have responsibilities under Maine’s landlord-tenant statutes to provide safe and habitable housing. If smoke is affecting your ability to live healthfully in your rental, this may be considered a breach of the landlord’s duty to provide a habitable home as required by the Maine Uniform Residential Landlord and Tenant Act.^[1]

When Does Secondhand Smoke Become a Legal Issue?

• If secondhand smoke enters your apartment frequently enough to affect your health or safety.
• If your lease promises a non-smoking environment or includes a smoke-free policy.
• If smoke exposure causes medical concerns (especially for children, elderly, or people with chronic conditions).

In these cases, you may have legal grounds to seek action or remedies.

How Maine Law Addresses Secondhand Smoke

Maine law allows landlords to set and enforce smoke-free policies in rental housing. If your building prohibits smoking and a neighbor violates this policy, you can request enforcement. If there is no policy but smoke affects your unit's habitability, you can still raise the issue as a health and safety concern. Local public health or housing authorities may also get involved if the problem persists.

How to Report Secondhand Smoke Problems

Follow these steps to address secondhand smoke issues in your Maine rental:

• Document the problem: Note dates, times, and effects of smoke exposure. Take photos or record any damage (like odor or stains).
• Communicate with your landlord: Send a written request explaining the issue and ask for resolution (such as enforcing any no-smoking policy or repairing unit seals).
• Use official forms: To formally notify or request repairs, submit Maine’s official tenant forms:

Relevant Forms for Renters

• Tenant’s Notice to Landlord to Repair or Remedy (No official number)
  When to use: If secondhand smoke is making your home unlivable or causing health issues, use this notice to request that your landlord address the issue (e.g., improve ventilation or enforce no-smoking policy).
  Find the template and guide at the Maine Attorney General’s Tenant Rights Guide.
• Notice of Violation of Smoke-Free Policy (Custom Letter)
  When to use: If your building is supposed to be smoke-free per your lease, send a letter to your landlord referencing the policy and requesting enforcement.
  The Maine CDC Landlord Toolkit provides a sample form (see "Sample Smoke-Free Policy Letter").

The Role of Maine’s Housing Tribunal

If your problem is not resolved, you can seek legal remedies through the Maine District Court’s Housing Division, which handles landlord-tenant disputes. Find the tribunal and instructions at the Maine District Court — Housing Division.

If You Need to Take Further Action

• File a formal complaint with the court using their civil forms if the landlord refuses to address ongoing health or habitability concerns.
• You may also involve local health officials if smoke creates a severe public health risk; contact your Maine Center for Disease Control and Prevention district office.

Always check your lease agreement for any additional protections or procedures.

FAQ: Maine Renters & Secondhand Smoke

1. What can I do if my neighbor smokes and the smoke comes into my apartment?
   You can document the problem, notify your landlord in writing, and ask for repairs or policy enforcement. If unresolved, you may take legal action through the Maine District Court’s Housing Division.
2. Is it legal to ban smoking in apartment buildings in Maine?
   Yes. Maine law allows landlords to set smoke-free policies for their properties. They must inform tenants about these policies in advance.
3. Does my landlord have to fix smoke leaking into my unit?
   If the smoke affects your health or makes your apartment unfit, your landlord must address habitability concerns as required by Maine law.
4. Is there an official form to request smoke-related repairs?
   No numbered form, but you can use the "Tenant’s Notice to Landlord to Repair or Remedy" from the Maine Attorney General’s office as a written notice.
5. Who enforces tenant rights on secondhand smoke complaints?
   The Maine District Court’s Housing Division handles disputes. Local health officers may also assist in severe cases.

Conclusion: What Maine Renters Should Remember

• Mainers have the right to habitable rental housing. Secondhand smoke can be a breach of this right.
• Document and report smoke concerns promptly and in writing using official resources.
• If your landlord doesn’t act, Maine courts and public health agencies can help protect your health and tenancy.

Understanding these steps gives you more control over your rental experience and your home environment.

Need Help? Resources for Renters

• Maine Attorney General – Tenants’ Rights: Guides, sample forms, and tenant protections.
• Maine Housing Division of the District Court: For filing or addressing landlord-tenant disputes.
• Maine Center for Disease Control and Prevention: Health-related support and smoke-free housing resources.
• MaineHousing – Rental Housing Programs: Information on safe, affordable rentals and tenant help.

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1. Maine Uniform Residential Landlord and Tenant Act (14 M.R.S. Chapter 709)
2. Landlords’ authority to adopt smoke-free policies (14 M.R.S. § 6021-A)
3. Maine District Court Housing Division
4. Maine Attorney General: Tenant Repairs & Requests
5. Maine CDC Landlord Toolkit: Smoke-Free Sample Policies

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